United States: Professional Negligence

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In California, Late Payment Of Arbitration Fees May Be Excusable

As a condition of his employment with Golden State Foods Corporation, sanitation worker Dana Hohenshelt signed an agreement requiring all employment-related claims to be resolved through arbitration governed...

United States Litigation

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Manatt, Phelps & Phillips LLP

11640 Woodbridge Condominium Homeowners Assn. v. Farmers Insurance Exchange

Summary Judgment Reversed as Water and Faulty Workmanship Exclusions in Property Policy Did Not Apply to Bar Coverage of Damage sustained by Condominiums Due To Rain Events During Roof Replacement Project...

United States Insurance

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Lewis Brisbois Bisgaard & Smith LLP

Disney Hit With Class Action Lawsuits Immediately Following FTC Settlement

In a reminder that the FTC's new enforcement priorities will likely drive additional litigation risks, days after the settlement was announced, Disney Worldwide Services and Disney Entertainment Operations, LLC...

United States Privacy

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Ballard Spahr LLP

Employer Liability For Non-Employee Acts? Sixth Circuit Imposes High Standard And Rejects EEOC Guidance

With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC's guidelines (and split with several other circuits) to hold that the standard for holding...

United States Employment

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Foley & Lardner

New York Team Secures Reversal Of Summary Judgment In Rear End Accident: Not All Sudden Stops Are Equal

United States Transport

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Lewis Brisbois Bisgaard & Smith LLP

To Admit Negligence Or Not To Admit Negligence

United States Litigation

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Maron Marvel Bradley Anderson & Tardy

Texas Supreme Court Clarifies Proximate Cause In A Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

United States Litigation

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Cowles & Thompson, PC

Massage Facility Franchisor Has No Liability To Sexual Assault Victim Of Franchisee's Employee – Texas Supreme Court Rules

United States Litigation

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Cowles & Thompson, PC

The Double-Edged Sword Of Chapter 93A, Section 11 In Massachusetts Business Litigation

United States Litigation

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Nelson Mullins Riley & Scarborough LLP

The Evolving Landscape Of Kitchen Countertop Silicosis Litigation In The U.S.

United States Litigation

DK

Deutsch Kerrigan

Are Automakers Liable For Crime-Driven Costs? Ninth Circuit Certifies Question To New York High Court

United States Litigation

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Dechert

Take-Aways From Accountants' Liability 2025 Conference: Navigating The Changing Regulatory Landscape And Risks From Emerging Technologies

United States Litigation

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Stites & Harbison PLLC

With The Exception Of Handling Concursus Proceedings, State Courts Should Be Deemed To Have Jurisdiction To Adjudicate All Limitation Of Liability Issues Under The Shipowner's Limitation Of Liability Act

United States Litigation

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Wilson Elser Moskowitz Edelman & Dicker LLP

LITIGATION UPDATE: Actual Responsibility And Substantial Factor Causation In The Wake Of Werner v. Blake: A Win For Commercial Drivers And Their Employers

United States Litigation

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Kane Russell Coleman Logan

California Air Resources Board Publishes Draft SB 261 Guidance

United States Commercial

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Ropes & Gray LLP

Stop ERP Failures: Critical Mistakes To Avoid In Your Digital Transformation (Video)

United States Strategy

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Taft Stettinius & Hollister

Control, Creativity, Closure: The Mediation Advantage

United States Litigation

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JAMS

Arbitration Essentials: How To Initiate And Navigate An International Arbitration, Part 2: Hearings

United States Litigation

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JAMS

Still On The Fence About Hiring A Lawyer? Here's Why Timing Matters (Video)

United States Law Practice

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Crowley Law LLC

Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US

A recent decision from the Southern District of New York offers valuable perspective on the procedures and obligations that arise when an insurer defends a claim under a reservation of rights.

United States Insurance

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Adams & Adams

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

Most states allow former clients to assert claims against a licensed professional in either tort or contract.

United States Litigation

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Wilson Elser Moskowitz Edelman & Dicker LLP

What Can Happen When The Failure To Provide Discovery Crosses The Line? - New Jersey Law Journal

In Dondero v. Abdelhak, MD, No. A-3524-33 (App. Div. Mar. 13, 2025), the New Jersey Appellate Division recognized the costs a party endures when evidence is wrongly concealed and determined those losses were compensable.

United States Litigation

PB

Porzio, Bromberg & Newman

New Louisiana State Legislation Rolls Back Advantages Long Afforded To Personal Injury Claimants

Louisiana has enacted new laws addressing the burden of proof and limitation on damages in personal injury claims. These enactments not only affect claims arising on land but also may extend to claims...

United States Litigation

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Jones Walker

Walters v. OpenAI, L.L.C.

United States Litigation

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Loeb & Loeb LLP

Driving Change: How Litigation Against Amazon Is Making Our Roads Safer

United States Litigation

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Walkup, Melodia, Kelly & Schoenberger

Minnesota Supreme Court Upholds Enforceability Of Contract Release Language Against Negligence Claims

United States Litigation

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Greenberg Traurig, LLP

Understanding Your Rights: When Can You Sue Your HOA?

United States Litigation

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LS Carlson Law

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds That Breach Of Contractual Indemnity Provision Is Not Barred By The Statute Of Repose

United States Real Estate

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Conn Kavanaugh Rosenthal Peisch & Ford

Florida Legislature Ends 35-Year Ban On Lawsuits For Certain Wrongful Deaths Caused By Medical Malpractice

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Enforceable Pre-Injury Release-of-Liability Forms: Peace Of Mind For Commercial Landlords

United States Litigation

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Thompson Coburn LLP

California Supreme Court Nixes Certain Contractual Limitation On Damages

United States Media & IT

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Jeffer Mangels Butler & Mitchell LLP

California Supreme Court Holds Contractual Limitation Of Liability Provisions Cannot Limit Damages For Willful Injury

United States Litigation

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Steptoe LLP

Recall Litigation Report: Trends In 2024 Continue Into 2025

United States Litigation

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Crowell & Moring LLP

Enforceable Pre-Injury Release-of-Liability Forms: Peace Of Mind For Commercial Landlords

In Diamond v. Schweitzer, the California Court of Appeal recently issued helpful guidance for commercial landlords looking for peace of mind and lower business costs when facing potential premises liability.

United States Litigation

TC

Thompson Coburn LLP

California Supreme Court Nixes Certain Contractual Limitation On Damages

On April 24, 2025, the California Supreme Court issued a major decision in New England Country Foods, LLC v. VanLaw Food Products, Inc., clarifying that parties cannot use contract clauses...

United States Media & IT

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Jeffer Mangels Butler & Mitchell LLP

California Supreme Court Holds Contractual Limitation Of Liability Provisions Cannot Limit Damages For Willful Injury

On April 24, the California Supreme Court issued an opinion clarifying a crucial unresolved issue of California law: To what extent, if any, can a limitation of liability...

United States Litigation

SJ

Steptoe LLP

Recall Litigation Report: Trends In 2024 Continue Into 2025

Looking back at 2024, manufacturers were extremely busy navigating a high number of recalled products and corresponding litigation. A number of these 2024 litigation and class action trends appear to be carrying over into 2025.

United States Litigation

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Crowell & Moring LLP

Georgia Tort Reform Act: Changes And Implications

United States Litigation

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Phelps Dunbar LLP

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond's negligence claims from moving forward in New York State Court.

United States Employment

LM

Littler Mendelson

Second Circuit: Rule 37 Sanctions Require 'Intent To Deprive' For Lost ESI, Not Mere Negligence

Plaintiff–Appellant Richard Hoffer sued the city of Yonkers, the Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging the officers used excessive force when arresting him.

United States Litigation

GT

Greenberg Traurig, LLP

NJ Supreme Court Unanimously Affirms That The "Intentional Wrong" Exclusion In NJ Employers' Liability Policies Is Enforceable

NJ Supreme Court Unanimous in Affirming That Carriers Have No Duty to Defend Negligence Claims Under NJ Workers' Compensation Policies, and the "Intentional Wrong"...

United States Litigation

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Riker Danzig LLP

When Liability Appears Bleak, Pivot To Causation And Damages!

An old adage about legal strategy goes something like this: when your case is weak on the law, pound the facts. When your case is weak on the facts, pound the law. And when your case is weak on the facts and the law...

United States Litigation

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Wilson Elser Moskowitz Edelman & Dicker LLP

Texas Supreme Court Rejects Repackaging Of Professional Claims

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Retained Foreign Objects Part II

United States Litigation

Shaub, Ahmuty, Citrin & Spratt LLP

Business Negligence: What Every Business Owner Needs To Know Before It&'s Too Late

United States Litigation

MB

Michael Best

Safeguard Your Business Against Slip And Fall Incidents And Personal Injury Lawsuits

United States Litigation

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Fitzpatrick Lentz & Bubba

No Coverage Under Primary Policy For Potential Claim Reported During Extended Reporting Period Or Under Excess Policy Based On Applicability Of "Retroactive Date" Exclusion

United States Insurance

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Wiley Rein

Responding To Subpoenas

United States Litigation

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McLane Middleton, Professional Association

Final 2025 CMS Physician Fee Schedule Rule Includes Changes To Medicare Overpayment Standard

United States Healthcare

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Reed Smith

Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling

United States Real Estate

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Lewis Brisbois Bisgaard & Smith LLP

Oregon Supreme Court Decides Dram Shop Statute Is Partially Constitutional

United States Litigation

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Wilson Elser Moskowitz Edelman & Dicker LLP

Southern District Of Texas Re-affirms FAAAA Preemption Of State Law Negligence Claims Against Transportation Brokers

United States Transport

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Lewis Brisbois Bisgaard & Smith LLP

A Primer On The Graves Amendment

United States Transport

LB

Lewis Brisbois Bisgaard & Smith LLP

Independent Counsel Issues In Trucking Cases

United States Insurance

LB

Lewis Brisbois Bisgaard & Smith LLP

Nuclear Verdict In Denver Highlights Increased Risk At Trial For Employers Of Non-CDL Drivers

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

New York's Clean Slate Act Requires Employers To Update Background Check Processes

United States Employment

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Mintz

PCAOB Change To Auditor Liability Standard For Individuals Becomes Effective

United States Accounting

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Cahill Gordon & Reindel LLP

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Ward and Smith, P.A.

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